What the law states
Section 25A of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
(1) Offence provision: A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.
There are certain conditions to this offence:
-
The drug does not necessarily need to be the same prohibited drug on each occasion.
-
The jury must be satisfied as to the same 3 occasions of supply: all jurors must agree that each occasion was one of supply and did not fall under any other category or fall short of the offence of supply.
-
If the jury is not satisfied of the occurrence of this particular offence but is convinced that the offence of supply has been committed previously, the accused can be tried under a standard supply offence.
-
A person who has been convicted of an offence under this section is not liable to be convicted of a relevant supply offence or a separate offence under this section, under the same facts as were used to convict under this section, in order to avoid double jeopardy.
Example of this offence
An example of this offence includes supplying ecstasy to patrons at a nightclub on 4 occasions.
In which court will my matter be heard?
Offences including supplying prohibited drugs on an ongoing basis fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that these offences are considered indictable offences, and are heard in the District or Supreme Court.
Defences
Defences to these offences include but are not limited to duress and necessity.
Section 35A of the Drug Misuse and Trafficking Act 1985 (NSW) outlines a further defence, that it is not illegal to possess or manufacture a prohibited substance if the substance is contained in a product where the substance cannot be readily extracted, or in a product not for human consumption, or if the substance is possessed for the purpose of its disposal as waste or its destruction. Also, where the supply was lawful under the Poisons and Therapeutic Goods Act 1966, or for scientific research, with permission of the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study
Penalty
The maximum penalty applicable to supply of prohibited drugs on an ongoing basis is $385,000 or 20 years imprisonment or both.
How can Prime Lawyers help you?
The offence of supplying prohibited drugs is a serious one. Should you be charged with this offence, it is important to obtain legal representation. Our criminal lawyers are experienced in drug offences and can explain any defences which may be available, as well as negotiate with the Police to have charges withdrawn should their care against you be weak.